Illinois Lawmakers Push Back Against ICE With New Constitutional Rights and Protections Bill

SPRINGFIELD, Ill. — In response to intensified federal immigration enforcement in the Chicago area, Illinois lawmakers have passed House Bill 1312, a sweeping measure designed to expand constitutional protections and accountability in immigration-related actions across the state.

Approved on Oct. 31, the bill allows individuals to sue over immigration enforcement actions that violate their state or federal constitutional rights. It also strengthens protections for courthouses, hospitals, schools, and day care centers, creating broader “safe zones” where civil immigration arrests are prohibited.

The Illinois Bivens Act

At the core of the legislation is the newly established Illinois Bivens Act, which permits individuals to seek civil damages for constitutional violations tied to immigration enforcement. Defendants could face $10,000 in statutory damages for false imprisonment, with potential increases depending on the use of facial coverings, tear gas, unmarked vehicles, or body cameras during enforcement.

The measure passed the Senate 40–18 and the House 75–32, sponsored by Senate President Don Harmon (D–Oak Park) and supported by Sen. Laura Fine (D–Glenview), Sen. Mike Simmons (D–Chicago), and Rep. Hoan Huynh (D–Chicago). It now awaits Gov. JB Pritzker’s signature.

Expanding Safe Zones and Workplace Protections

The legislation establishes a 1,000-foot safe zone around state courthouses, including parking areas and nearby streets, where civil immigration arrests are prohibited. Violators could be held liable for false imprisonment and additional statutory damages.

It also amends the Whistleblower Act, prohibiting employers from retaliating against workers who report or disclose violations of the Illinois Bivens Act. Retaliation includes contacting or threatening to contact immigration authorities or reporting an employee’s or their family member’s citizenship or immigration status.

Requirements for Hospitals, Schools, and Day Cares

Under HB 1312, hospitals, schools, and licensed day care centers must create and submit policies regulating law enforcement interactions and protecting sensitive information. Each facility must designate a point of contact for any law enforcement presence or information requests.

Schools are required to develop procedures for law enforcement entry attempts and post guidance for community response on their websites by Jan. 1, 2026.

Moving Forward

The bill includes a severability clause, ensuring that if one section is struck down, the remainder of the law remains enforceable.

Once signed by Governor Pritzker, HB 1312 will take immediate effect, establishing some of the strongest statewide protections in the nation against overreach in immigration enforcement.

This article has been carefully fact-checked by our editorial team to ensure accuracy and eliminate any misleading information. We are committed to maintaining the highest standards of integrity in our content.